Who Owns Produced Water from Oil and Gas Operations in Texas?

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The El Paso Court of Appeals recently issued an opinion in Cactus Water Services, LLC v. COG Operating, LLC answering the question of who owns produced water resulting from oil and gas production in Texas. [Read Opinion here.] Produced Water Basics This case involves a question of the ownership of produced water. As explained in more detail below, this is water, along with a number of other substances, that travels to the wellbore in the fracing process.  To offer a bit of perspective on the scope of this issue,… Read More →

August 25, 2023 Weekly Round Up

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Happy Friday!  Once again, we’ve had a number of ag law issues in the news the past couple of weeks. * Bipartisan group of lawmakers ask House Agriculture Committee Chairman not to include EATS Act in the next Farm Bill.  A letter signed by more than 170 lawmakers asks House Ag Committee Chair Glenn “GT” Thompson not to include the EATS Act in a new farm bill.  The Ending Agricultural Trade Suppression Act was proposed after the Supreme Court upheld California’s Proposition 12 and would prohibit such measures in… Read More →

Live Programs Scheduled This Fall

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In September, we will be hitting the road to host our final live Ranchers Leasing Workshop, Where’s the Beef Program, and Owning Your Piece of Texas Programs for 2023.  Each of these are award-winning programs that focus on offering practical information to rural landowners and agricultural producers.  We hope you’ll join us! Ranchers Leasing Workshop Our final Ranchers Leasing Workshop for 2023 will be in Decatur on September 13.  This half-day program is focused particularly on grazing and hunting leases.  Topics include why leasing land (as a landowner… Read More →

Statutory Amendments Offer Broader Liability Protection to Texas Landowners

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The Texas Legislature recently amended Texas Civil Practice and Remedies Code Section 75.006 to expand liability protections in situations when damages or injuries arise that are out of control of the agricultural landowner or lessee.  The statute is titled “Certain Liability Limited in Connection with Livestock or Agricultural Land” and the amendments are found in HB 73. Prior Version Previously, Section 75.006 provided protection to landowners in certain scenarios.  First, landowners were not liable for damages arising from an incident caused by livestock due to the act or… Read More →

August 11, 2023 Weekly Round Up

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It has been an unbelievably busy week around here, I bet the same is true for many of you.  Welcome to those of you joining from the Texas A&M Beef Cattle Short Course and the Southern Family Farmers and Food Systems Conference.  Here are some ag law stories recently in the news. * Podcast episode recapping Texas Legislative Session for agriculture.  Yesterday, we released a podcast episode with J. Pete Laney recapping the 88th Texas Legislative Session and the key bills related to agriculture.  It’s become a tradition for… Read More →

Lawsuit Claims Delta Airlines’ Claim of Being First Carbon Neutral Airline Misleads Consumers

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A California woman recently filed suit against Delta Airlines arguing that its claim to be the first carbon neutral airline is untrue and misleading to consumers.  There are a number of important considerations for those involved in agriculture generally and carbon contracts specifically to be gleaned from this case. Note:  All information below was obtained from the Plaintiffs’ Complaint.  Delta has not yet filed its Answer and there has been no judicial rulings on these allegations. Background Delta is one of the major commercial airlines in the United… Read More →

Court Reverses Ruling – Sides with Rancher in Adverse Possession by Grazing Case

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In what is a truly unusual turn of events, the Waco Court of Appeals recently issued a new opinion in an adverse possession case, Parker v. Weber.  What makes this unusual is that the court issued its initial opinion in May 2018 and now–five years later–issued an opinion reaching an opposite result.  Do note that this case does have a Petition for Review currently pending before the Texas Supreme Court. Background This lawsuit involves neighbors, Glenn Weber and Jay and Lindsey Parker, and a dispute over ownership of 20.62… Read More →

July 28, 2023 Weekly Round Up

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We’ve reached the end of July!  Here are some of the ag law stories in the news. *Court rules that challenge to EPA dicamba registration brought by farm groups belongs in district court.  The US Court of Appeals for the District of Columbia recently ruled that a lawsuit filed by the American Soybean Association against the EPA should have been filed in the district court (trial level court) rather than at the court of appeals level.  Because of this, the court dismissed the case for lack of jurisdiction…. Read More →

Thumbs Up Emoji Costs Canadian Farmer $82,000

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A recent lawsuit involving a Canadian farmer and a “thumbs up emoji” has generated a good deal of media attention.  The court’s opinion in South West Terminal v. Achter Land & Cattle is an interesting look at contract law meeting new technology. Background South West Terminal (“SWT”) is a grain and crop input company.  Kent Mickleborough is a grain buyer for SWT.  Achter Land & Cattle (“the Farm”) is a farming operation owned by Chris Achter and his father, Bob. Since 2012, SWT purchased grain from the Farm through… Read More →

New Fact Sheet: Carbon Contract Checklist

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My student assistant, Karli Kaase, and I recently co-authored a fact sheet offering a list of terms for landowners considering entering into a carbon contract.  [View fact sheet here.] It is critical for landowners to understand that every contract is different, and the devil is in the details.  Before signing a contract, landowners should carefully read the entire document, and I recommend contacting an attorney well-versed in carbon contracts to assist with negotiation and evaluation. To learn more about carbon markets, click here for a podcast episode I… Read More →